Docket No: 8700-19 
Ref: Signature Date  
  
From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW NAVAL RECORD OF FORMER   
             
Ref:    (a) 10 U.S.C. 1552 
                 
Encl:(1) DD Form 149 with attachments 
     (2) Case summary 
     (3) Subject's naval record (excerpts) 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting a change to his naval record, specifically, to change his Narrative Reason for Separation, Separation Code, and Reenlistment Code on his Certificate of Release or Discharge from Active Duty (DD Form 214).  Enclosures (1) through (3) apply. 
 
2.  The Board consisting of  reviewed Petitioner's allegations of error and injustice on 30 September 2020, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations, and policies. 
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice finds as follows: 
 
    a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
    b.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute limitation and review the application on its merits. 
 
    c.  Petitioner enlisted in the Navy on 1 August 1979.  On 7 October 1981, he tested positive for marijuana.  Between 21 January and 26 March 1982, he tested positive for marijuana while on a urinalysis program.  As a result, he was identified as a drug abuser and referred to a 30 day counseling program within his unit.  Subsequently, he was notified of pending administrative separation action by reason of personal abuse of drugs other than alcohol.  After electing to waive his rights, Petitioner’s commanding officer (CO) recommended his separation with an honorable characterization of service by reason of personal abuse of drugs other than alcohol.  The discharge authority approved the CO’s recommendation and directed his discharge by reason of personal abuse of drugs other than alcohol with an honorable characterization of service.  On 12 August 1982, Petitioner was discharged with an honorable characterization of service, a narrative reason for separation as personal abuse of drugs other than alcohol, a separation code as JPB, and an RE-4 reenlistment code.   
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner's request warrants partial favorable action.  The Board was sympathetic to the Petitioner’s desire to change his Narrative Reason for Separation, Separation Code, and Reenlistment Code.  However, the Board concluded that these factors were not sufficient to warrant full relief given his misconduct.  The Board notes that Petitioner, although having misconduct in his record, deserves clemency and concludes that the narrative reason for separation and separation code should be changed to the best interest of the service.  With that being said, the Board concludes that the Narrative Reason for Separation “personal abuse of drugs other than alcohol” should be changed to “Secretarial Authority,” the separation authority should be changed to “MILPERSMAN 1910-164,” and the Separation Code “JPB” to “JFF.”  However, the Reenlistment Code “RE-4” will remain unchanged.   
   
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s naval record be corrected to show that on 12 August 1982, his narrative reason for separation was “secretarial authority,” the separation authority was “MILPERSMAN 1910-164,” and SPD code was “JFF”. 
     
That Petitioner is issued a new Certificate of Release or Discharge from Active Duty (DD Form 214).     
 
That no further changes be made to the record. 
 
That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received on 10 September 2019. 
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 
  
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 
 
Sincerely,   
 
11/22/2020
Executive Director